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HomeMy WebLinkAboutAgenda Correspondence - 11/7/2018City Council Memorandum Date: __________, 201 Date: November 7, 2018 To: Honorable Mayor and City Council Members From: Georgeann “Gigi” Hanna, City Clerk Subject: Revised Agenda and Back-Up: Items 15, 22 and 24 It has come to staff’s attention to address one revision on the agenda and changes in the back-up for items 15, 22, and 24. The following revisions are highlighted below: 1. Revised Agenda (correcting one Resolution Number on page 7) 2. Item 15 – Adding Attachment 1 to the Resolution (Vendor Services Agreement with Crime Scene Steri-Clean, LLC) 3. Item 22 – Minor correction on Packet Page 452 and Replacing Packet Pages 450 and 458-460 to correct the Resolution Number 4. Item 24 – Minor correction on Packet Page 480 The revised Agenda and back-up are included as an attachment to this memorandum. Please feel free to contact City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief Deputy City Clerk John Paul Maier (maier_jo@sbcity.org) should you have any questions. This Page Is Left Intentionally Blank CITY OF SAN BERNARDINO REVISED AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 7, 2018 4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James Mulvihill COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, W ARD 7 Benito Barrios Andrea M. Miller COUNCIL MEMBER, WARD 2 CITY MANAGER John Valdivia Gary D. Saenz COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, WARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, WARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak to publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 2 Printed 11/7/2018 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez    Council Member, Ward 2 Benito Barrios    Council Member, Ward 3 John Valdivia    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Henry Nickel    Council Member, Ward 6 Bessine L. Richard    Council Member, Ward 7 James Mulvihill    Mayor R. Carey Davis    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Andrea M. Miller    CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): One (1) Item INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Water Board Appointment Recommendation: Approve the appointment of Rikke Van Johnson to the Water Board with a six year term of service. 2. Water Board Appointment Recommendation: Approve the appointment of Thomas M. Brickley to the Water Board with a six year term of service. Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/7/2018 3. Measure “Z” Citizen Oversight Committee Recommendation: Approve the appointment of Mr. Clifford R. Cummings to the Measure “Z” Citizen Oversight Committee. 4. Library Board Reappointment Recommendation: Approve the reappointment of Carolyn A. Tillman to the Library Board with a two year term of service. PRESENTATIONS 5. Proclamation in Honor of Small Business Saturday in San Bernardino – Mayor R. Carey Davis 6. Proclamation in Honor of Bells of Peace – Mayor R. Carey Davis 7. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. 8. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated November 7, 2018. 9. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for October 2018. Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/7/2018 10. Right of Entry Agreement with San Bernardino County Transportation Authority for the Redlands Passenger Rail Project Recommendation: Adopt Resolution No. 2018-274 of the Mayor and City Council of the City of San Bernardino, California, approving Temporary Right of Entry Agreement with San Bernardino County Transportation Authority for temporary construction activities across the parcels known as APN 0136-033-27 and 0136-122-78 in connection with the Redlands Passenger Rail Project. 11. Award of Construction Contract for Playground Equipment Replacement to Micon Construction, Inc. Recommendation: Adopt Resolution No. 2018-273 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Micon Construction, Inc. in the amount of $917,685 for Playground Equipment Replacement; authorize the City Manager to execute the construction contingency in the amount of $82,315; authorize the Finance Director to amend FY 2018/19 Adopted Budget to allocate CDBG Funding Savings to the project for Playground Equipment Replacement; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 12. Second Amendment to the Construction and Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) for the Construction of Redlands Subdivision (“First Mile”) Improvements Recommendation: Adopt Resolution No. 2018-285 of the Mayor and City Council of the City of San Bernardino, California, approving the Second Amendment to the Construction and Maintenance Agreement for the Redlands Subdivision “First Mile” Track Construction and Inland Empire Maintenance Facility project. 13. Application for Beverage Container Recycling City/County Payment Program Recommendation: Adopt Resolution No. 2018-295 of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for Payment Programs for recycling beverage containers offered by CalRecycle and approving related authorizations. Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/7/2018 14. San Bernardino Hometown Heroes Military Banner Agreement to Appropriate Funds for Program Purchases Recommendation: Approve an additional budget amendment appropriating donated funds totaling $5,000.00 from the Hometown Heroes Military Banner Trust account to the Civic and Promotional account #001-0023-5186 for the purpose of purchasing materials and supplies, i.e., plaques, printing, pvc pipe, refreshments, etc., and authorize the Director of Finance to issue multiple purchase orders for the Military Banner Program. 15. Agreement with Crime Scene Steri-Clean for Crime Scene and other bio- hazardous Clean Up Services Recommendation: Adopt Resolution No. 2018-296 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Crime Scene Steri-Clean, LLC. 16. Interim Deputy Director of Finance/Budget Manager (U) Employment Agreement and Appointment Recommendation: Adopt Resolution No. 2018-297 of the Mayor and City Council of the City of San Bernardino, California, appointing Rita Conrad as Interim Deputy Director of Finance/ Budget Manager (U) under Government Code section 21221 (H). 17. Increase cap for Professional Service Agreements with Arias & Lockwood and with Mundell Odlum & Haws Recommendation: Authorize the City Manager to execute amendments to the Professional Services Agreement between Arias & Lockwood and the City of San Bernardino (Resolution No. 2010-10) and the Professional Services Agreement between Mundell Odlum & Haws and the City of San Bernardino (Resolution No. 2015- 26). 18. Authorize City Manager to Respond to Final Report of the 2017-2018 San Bernardino County Civil Grand Jury Recommendation: Authorize the City Manager to respond to the Final Report of the 2017-2018 San Bernardino County Civil Grand Jury. Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/7/2018 19. Agreement Affecting Real Property between the City and the Successor Agency for Cooley Avenue (APNs 0281-031-51 and 0281-041-41) rescinding a Declaration of Reciprocal Easement Recommendation: 1. Authorize the City Manager to execute an Agreement Affecting Real Property for Cooley Avenue (APNs 0281-031-51 and 0281-041-41) rescinding a 1988 Declaration of Reciprocal Easement; and 2. Authorize the City Manager to execute, on behalf of the Successor Agency, an Agreement Affecting Real Property for Cooley Avenue (APNs 0281- 031-51 and 0281-041-41) Rescinding a 1988 Declaration of Reciprocal Easement. STAFF REPORTS 20. American Planning Association (APA) California Conference Update – October 7-10, 2018 Recommendation: Receive an oral report by Council Member Jim Mulvihill. 21. San Bernardino Hometown Heroes Military Banner Criteria Recommendation Recommendation: Approve the recommended criteria changes which will now include immediate family members of retired employees and fulltime contract employees with one year of service with the City. 22. Approve a Policy Establishing a Comprehensive Responses to Homelessness, Authorize City Manager to Issue Letters of Support for HEAP applications, and Adopt Resolution Declaring a Shelter Crisis Recommendation: 1. Adopt a Policy Establishing a Comprehensive Response to Homelessness; 2. Authorize the City Manager to sign letters of support to organizations within the City of San Bernardino seeking HEAP funding that support the City’s Policy; and Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/7/2018 3. Adopt Resolution No. 2018-289 298 of the Mayor and City Council of the City of San Bernardino, California, declaring a shelter crisis in the City of San Bernardino for purposes of the Homeless Emergency Aid Program funding. PUBLIC HEARINGS 23. First Reading - Amendment of Chapter 10.52 of the San Bernardino Municipal Code to Reduce the Speed Limit on Arrowhead Avenue between Highland Avenue and Thompson Place from 45 mph to 40 mph Recommendation: Adopt Ordinance MC-1502 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 10.52 of the San Bernardino Municipal Code to reduce the speed limit on Arrowhead Avenue between Highland Avenue and Thompson Place from 45 mph to 40 miles per hour and authorize the staff to implement striping modification. 24. Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1509 Establishing Procedures for Filling City Council and Mayoral Vacancies Recommendation: Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1509 of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 2.03 to Title 2 of the San Bernardino Municipal Code, establishing procedures for filling City Council and Mayor vacancies. 25. ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 21, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Joint Regular Meeting Agenda November 7, 2018 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/7/2018 CERTIFICATION OF POSTING AGENDA I, Georgeann “Gigi” Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 7, 2018 regular meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located in the breezeway of City Hall, 300 North “D” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Friday, November 2, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, CMC, City Clerk NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CRIME SCENE STERI-CLEAN, LLC, FOR CRIME SCENE CLEAN UP SERVICES FOR THE SAN BERNARDINO POLICE DEPARTMENT This Vendor Services Agreement is entered into this 7th day of November by and between Crime Scene Steri-Clean, LLC ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the City to contract with the Vendor for crime scene cleanup services; and WHEREAS, the City did solicit and accept quotes from available vendor for crime scene cleanup services NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide crime scene cleanup services as requested by the Police Department. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$50 ,000.00 for crime scene cleanu p services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for the period of July 1, 2018 through June 30, 2019 with the option for three additional fiscal years ending June 30, 2022. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or 2 om1sswns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the MunicipalCode, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 3 TO THE CITY: TO THE VENDOR: Andrea M. Miller City Manager City of San Bernardino 290 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 Kelley Collins Chief Operations Officer Crime Scene Steri-Clean, LLC 9785 Crescent Center Dr., Ste 302 Rancho Cucamonga, CA 91730 Telephone: (888) 577-7206 ext. 113 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 4 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convemence only and shall not affect the construction or the interpretation of any of its prOVISIOnS. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 5 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CRIME SCENE STERI-CLEAN, LLC FOR CRIME SCENE CLEAN UP SERVICES FOR THE SAN BERNARDINO POLICE DEPARTMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2018 VENDOR By: It’s: Dated: , 2018 CITY OF SAN BERNARDINO By: Andrea M. Miller, City Manager Approved as to Form: Gary Saenz, City Attorney By: ATTEST: Georgeann Hanna, CMC, CityClerk This Page Is Left Intentionally Blank 22.a Packet Pg. 450 Attachment: HEAP & SHELTER CRISIS.sr (5815 : Approve a Policy Establishing a Comprehensive Responses to Homelessness, Authorize CityDate: To: From: Subject: Recommendation City of San Bernardino Request for Council Action November 7, 2018 Honorable Mayor and City Counci l Members Andrea M. Miller, City Manager� By: Teri Ledoux, Assistant City Manager Staff Report Kathy Brann, Housing and Community Development Director Approve a Policy Establishing a Comprehensive Responses to Homelessness, Authorize City Manager to Issue Letters of Support for HEAP applications, and Adopt Resolution Declaring a Shelter Crisis 1.Adopt a Policy Establishing a Comprehensive Response to Homelessness; 2.Authorize the City Manager to sign letters of support to organizations within the City of San Bernardino seeking HEAP funding that support the City's Policy; and 3.Adopt Resolution No. 2018-289 298 of the Mayor and City Council of the City of San Bernardino, California, declaring a shelter crisis in the City of San Bernardino for purposes of the Homeless Emergency Aid Program funding. Background On August 3, 2018, the State of California Homeless Coordinating and Financing Council announced the Homeless Emergency Aid Program (HEAP), which was authorized by Senate Bill (SB) 850. HEAP is a $500 million one-time flexible block grant program designed to provide direct assistance to cities and counties to address homelessness in their communities. HEAP funds will be allocated to Continuums of Care (CoC) and large cities with populations over 330,000. The San Bernardino County lnteragency Council on Homelessness (ICH) is the local Continuum of Care (CoC) that developed the San Bernardino CoC application. The total amount of HEAP funds available for the San Bernardino County CoC is $9,389,654. In addition to the funding allocated to the Coe, cities and the County, which is the service provider for the San Bernardino County Coe, were able to request direct assistance. ICH will review all applications and make decisions on the award of HEAP funds. In order for a city to be a direct recipient of HEAP funding or for non-profit organizations within a city to receive HEAP funding for place-based projects, such as capital projects or location-specific rental assistance, that city must adopt a resolution declaring a 11/6/2018 1:09 PM ----- This Page Is Left Intentionally Blank 22.a Packet Pg. 452 Attachment: HEAP & SHELTER CRISIS.sr (5815 : Approve a Policy Establishing a Comprehensive Responses to Homelessness, Authorize CityCity's properties priorities and adopt shelter declarations, if appropriate, and consequently the deadline has been extended to December 7, 2018. Thus far, the City has received 14 requests for Letters of Support totaling $11,073,008, and staff is working with the organizations to determine how the HEAP grant funding, if awarded, would be used to address homelessness in the City of San Bernardino, as many of the groups provide services throughout the region. Requests are likely to continue coming in until the deadline. Therefore, it is recommended that the Mayor and City Council authorize the City Manager to sign letters of support for those projects that meet the city's goals as outlined in the proposed Policy Establishing a Comprehensive Response to Homelessness. Additionally, the City has been working with the County, service providers antj other agencies to develop consensu s about the types of programs and services that are needed to supplement the existing services provided by the CoC (through its agreements with local non-profits and other service providers) to more effectively address homelessness in the City and provide more effective, long-term outcomes. Three initiatives have been identified and include: navigation assistance, increased mental health support, and employment programs. The County OHS made multiple applications for HEAP funding to augment its services, with an emphasis on the workforce development and employment, navigation and mental health services identified as priorities. We anticipate the County OHS will also request letters of support from the City for these programs which we believe will assist in more effectively addressing the challenges we face in the City and provide better long-term outcomes. The County's applications total more than $11 million, which brings the total amount of funding requested by local organizations and non-profits and the County OHS to more than $22 million. There are also a handful of cities that applied for funding although at the time of this report we do not know the amount of funding requested by incorporated cities. The total amount of funding available for the San Bernardino County Coe is $9.35 million. This funding gap will require that the CoC make some difficult choices about the applications. As the City did not directly apply for HEAP funds, the City, as a member of the CoC will assist in evaluating applications and making funding decisions. If the City Council wishes to provide letters of support to the County or the organizations, a shelter crisis declaration is required. While the Government Code is specific as to the requirements of the findings and impacts of the declaration of the crisis, staff and the City Attorney's Office has developed a resolution that ensures the City retains its discretion with respect to local zoning and ensures continued enforceability of laws prohibiting camping on public property. 11/6/2018 12:46 PM -------------- This Page Is Left Intentionally Blank Resolution No. 2018-289298 RESOLUTION NO. 2018-289298 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING A SHELTER CRISIS IN THE CITY OF SAN BERNARDINO FOR PURPOSES OF THE HOMELESS EMERGENCY AID PROGRAM FUNDING WHEREAS, California’s Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018); WHEREAS, the Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code §8698.2; WHEREAS, the City of San Bernardino (“City”) has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; WHEREAS, the City finds that, as of June 2017, 491 persons within the City of San Bernardino are homeless and living without shelter; WHEREAS, the City finds that the number of homeless is significant and these persons are without the ability to obtain shelter; and WHEREAS, the City finds that the health and safety of unsheltered persons in the City of San Bernardino is threatened by a lack of shelter. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. A shelter crisis pursuant to Government Code section 8698.2 exists in the City. The City is hereby authorized to participate in the Homeless Emergency Aid Program. SECTION 3. Nothing in this Resolution shall be interpreted to prevent the City from enforcing any laws which prohibit camping on public property, including but not limited to Chapter 12.98 of the San Bernardino Municipal Code, where an individual is camping for reasons other than necessity. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA Resolution No. 2018-289298 applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. This Resolution may be repealed by a resolution of the Mayor and City Council at any time. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of November, 2018. R. Carey Davis, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, CMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney Resolution No. 2018-289298 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-289298, adopted at a regular meeting held at the 7th day of November, 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2018. ______________________________ Georgeann Hanna, CMC, City Clerk This Page Is Left Intentionally Blank 24.b Packet Pg. 480 Attachment: ORDINANCE MC1509.att1 (5817 : Ordinance Establishing Procedures for Filling Mayoral and City Council Vacancies)Sections: 2.03.010 2.03.010 Vacancies Vacancies A vacancy on the City Council, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Council Member by the qualified electors of the ward in which the vacancy has occurred. Such successor Council Member must be eligible to hold the office in accordance with Section 301 of the City Charter. The election shall be held at the time established by the Mayor and City Council and shall be conducted in the manner provided for by general law; provided that, the Mayor and City Council shall be have power ---